Rooks v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for delivery of heroin; after finding the allegation that appellant had previously been finally convicted of a felony, the jury assessed punishment at forty five years.

Appellant first contends fundamental error is presented by prosecutorial jury argument commenting on his failure to testify. This was the argument and trial objection:

“We have evidence all the way from the police officer to the chemist. The chemist says it is heroin. I don’t know any other way to prove it except by chemical analysis which we have done. The only other way to…